Christopher Loven, right, walks with his attorney Paul McCormick to court at the Boulder County Justice Center on Wednesday.
(MARK LEFFINGWELL)

After three days of testimony, the fate of Christopher Loven -- the dump truck driver who struck and killed cyclist Eugene "Phil" Howrey in 2011 -- is in the hands of a Boulder County jury.

The six-person jury began deliberating Thursday after closing arguments and emotional testimony from Loven himself about the crash that killed Howrey, 73.

The jurors indicated to the judge Thursday evening that after four hours of deliberation they may be unable to reach a unanimous decision, but they are scheduled to resume at 9 a.m. Friday.

Loven, 47, faces up to one year in jail and a $1,000 fine if convicted of careless driving resulting in death.

Eugene "Phil" Howrey
(Courtesy photo)

According to an investigation by the Colorado State Patrol, Loven was driving a Kenworth W900 dump truck hauling a trailer with construction equipment west on Lefthand Canyon Drive on June 17, 2011, when the accident occurred. Loven turned left to go south on Olde Stage Road and struck Howrey, who was headed east on Lefthand Canyon Drive.

The report said Loven was driving about 20 mph during the turn, while Howrey was riding between 25 and 35 mph. The speed limit is 35 mph.

Loven -- who works as an excavator -- testified that he had just finished work at a job site and was taking his daughter home for the weekend in the dump truck. He said a detour forced him to go through Lefthand Canyon to get to his home on Lee Hill.

He said he was aware the area was frequented by bicyclists, but it was a Friday.

"There's not nearly as much bicyclist traffic on a Friday or a weekday as there would be on a Saturday or a Sunday," he said.

Loven said as he approached the intersection, he tried looking up the canyon.

"I'm looking at a lot of foliage," he testified. "I looked, I saw nothing coming, I slowed down and made the turn."

Then he described the accident.

"I'm in the turn, and I just, as I just turned through the turn I saw a flash out of the right corner of my eye and I heard a thump and yelled, 'Oh my God.'"

Loven said he quickly got out of the truck and realized he had hit Howrey. He tried waving to cars before going over to him. "I went over to Mr. Howrey and I didn't know what to do," he said. "He was just lying there."

That's when a volunteer firefighter came over and began CPR, as he assisted.

"All I was saying to myself was, 'Don't die, don't die,'" he said. "I was just praying and hoping ... . I was just incredibly scared."

Loven answered, "I do. I think of Mr. Howrey and Mr. Howrey's family every day."

During his testimony, Loven teared up, as did many of Howrey's family members and friends in the courtroom.

He said he felt he showed due caution at the intersection.

"I looked the best I could," he said. "I slowed down to a speed I felt was sufficient."

Although a lot of testimony revolved around a tree that may have obstructed Loven's view, prosecutor Pam Maass asked the jury not to forget Howrey had the right-of-way.

"Even if for one second the cyclist was blocked, even if for more than one second the cyclist was blocked, it was the responsibility of Mr. Loven to not roll the dice and just drive through the intersection and hope he didn't hit Eugene Howrey," she said. "He doesn't get a free pass because he said he couldn't see."

McCormick said the State Patrol used animation to inaccurately depict the accident to paint Loven as at fault even though the visibility at the intersection was poor.

"The government says, 'How do we minimize the effect of the foliage?" McCormick asked, holding up a photo of the crash scene with a still from the accident animation.

"This is reality," he said pointing at the accident photo. "Do you know what this is?" he asked, pointing at the still of the animation. "This is deception."

McCormick said Loven was not careless.

"This was a terrible tragedy, and Mr. Howrey did not deserve to die," McCormick said. "But this was not a criminal act."

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